Short Answer

Often yes—if the request is from the at-fault driver’s insurer, you can usually decline a recorded statement and offer a written narrative instead. If the request is from your own insurer, your policy’s cooperation clause may require a recorded statement or an examination under oath. A clear, factual written narrative can help correct errors in a police report and prompt the insurer to reconsider liability. Always track filing deadlines while you negotiate.

Understanding the Problem

In North Carolina personal injury claims, injured people are often asked by an insurer to give a recorded statement. You want to know if you can provide a written narrative instead when liability was initially denied based on a police report and photos. This decision affects how your story gets into the claim file and whether the insurer will reconsider its position.

Apply the Law

Under North Carolina law, you generally do not have a legal duty to give a recorded statement to the other driver’s insurer. Your own insurer is different—your auto policy usually has a cooperation clause, and some coverages (like UM/UIM) may require a recorded statement or an examination under oath. Claims are handled with the insurer first; if not resolved, lawsuits are filed in North Carolina civil court. A key deadline is the personal-injury statute of limitations, typically three years from the accident.

Key Requirements

• Identify the insurer’s role: If it’s the at-fault driver’s insurer (third-party), you can usually decline a recorded statement; if it’s your insurer (first-party), check your policy’s cooperation duties.
• Use a clear, factual narrative: Stick to firsthand facts (who, what, when, where, how) and avoid speculation or opinions.
• Preserve timelines: Track the three-year filing deadline for personal injury; other coverage-specific notice requirements may also apply.
• Expect follow-up: The adjuster may ask for clarifications or documents; keep your story consistent across all communications.
• Know your forum: If negotiations fail, suit is filed in North Carolina civil court; monetary thresholds for District vs. Superior Court depend on the claim amount and can change.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - General three-year period for personal injury claims.
• North Carolina Gen. Stat. § 58-63-15(11) (Unfair claim settlement practices) - Sets standards for fair claim investigations and communications by insurers.
• North Carolina Gen. Stat. § 20-279.21 (Auto liability; UM/UIM) - Governs auto coverage, including UM/UIM terms that often include cooperation requirements.

Analysis

Apply the Rule to the Facts: Here, the request came from the other driver’s insurer, so you can decline a recorded statement and submit a written narrative through counsel. Because the insurer relied on a police report and photos to deny liability, a precise narrative can add context (e.g., lane position, visibility, signaling) the initial materials missed. If the narrative supplies credible, new details, the insurer may revisit fault. Keep the three-year filing deadline in mind while negotiations continue.

Process & Timing

1. Who files: The injured person (or attorney). Where: Communicate with the assigned adjuster for the at-fault insurer in North Carolina. What: Send a written decline of a recorded statement and provide a concise narrative (date, time, location, sequence of events, impact, immediate symptoms) with claim number. When: As soon as you can state facts accurately; keep the three-year statute of limitations in view.
2. Follow-up review: The adjuster reviews the narrative and claim file; they may request limited clarifications or documents. This can take 1–4 weeks, varying by insurer and claim complexity.
3. Resolution or next step: If liability is accepted, negotiations proceed. If denied, consider additional evidence (witness statements, scene photos) or filing suit in North Carolina civil court to preserve rights.

Exceptions & Pitfalls

• Your own insurer’s request: A first-party claim may require a recorded statement or examination under oath under your policy; refusing can affect coverage.
• Over-sharing: Whether recorded or written, avoid speculation, legal conclusions, and unnecessary medical history; keep to firsthand facts.
• Consistency matters: Ensure your narrative aligns with prior communications, medical notes, and any later deposition testimony.
• Authorization traps: Be cautious with broad medical or employment authorizations unrelated to liability; limit to what is reasonably necessary.
• Deadline drift: Negotiations do not extend the statute of limitations; calendar the filing deadline and act before it expires.

Talk to a Personal Injury Attorney

If you’re deciding how to respond to a recorded-statement request while challenging a liability denial, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.